¶1AFFIRMED. The information charging the defendant with sexual battery and the evidence presented at trial do not support an instruction on lewd and lascivious conduct as a lesser included offense. There*996fore, the failure to give such an instruction was not error. See State v. Hightower, 509 So.2d 1078, 1078 n. 2 (Fla.1987); Walker v. State, 464 So.2d 1325 (Fla. 5th DCA 1985); Harrielson v. State, 441 So.2d 691 (Fla. 5th DCA 1983).
526 So. 2d 995
526 So.2d 995
13 Fla.L.Weekly 1360
McGriff v. State
District Court of Appeal of Florida
Decided June 8, 1988
District Court of Appeal of Florida · decided 1988-06-08
Cited by 2 later decisions — most recently June 2003
2 state decisions
Relies on 509 So. 2d 1078 - State v. Hightower · 441 So. 2d 691 - Harrielson v. State · 464 So. 2d 1325 - Walker v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1988-06-08
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